HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/20/2005 - SECOND READING OF ORDINANCE NO. 155, 2005, AMENDIN ITEM NUMBER: 16
AGENDA ITEM SUMMARY DATE: December20, 2005
FORT COLLINS CITY COUNCIL STAFF: Darin Atteberry
Steve Roy
Tess Heffernan
SUBJECT
Second Reading of Ordinance No. 155,2005,Amending Chapter 26 of the City Code Requiring the
Provision of Accurate Ownership Information in Connection With the Provision of Utility Services.
RECOMMENDATION
Staff recommends approval of the Ordinance on Second Reading.
EXECUTIVE SUMMARY
Ordinance No. 155, 2005, amending Chapter 26 of the City Code requiring accurate ownership
information in connection with utility services, was unanimously adopted on First Reading on
November 15, 2005. The Ordinance has been slightly revised between First Reading and Second
Reading in response to Council discussion on First Reading, in order to make the required
information listed in City Code Section 26-27 consistent with a similar list in Section 26-25(a).
ITEM NUMBER: 33
AGENDA ITEM SUMMARY DATE: November 15, 2005
FORT COLLINS CITY COUNCIL STAFF: Darin Atteberry
Steve Roy
i�� '� E
A Tess Heffernan
i II!! is r f
SUBJECT
Items Relating to Occupancy Regulations and Other Neighborhood Quality of Life Issues.
RECOMMENDATION
Staff recommends approval of the Ordinances on Second Reading.
FINANCIAL IMPACT
The proposed revisions to the occupancy regulations will require an additional housing inspector,
including related commodities d conrual st v es cl sty,{ q &er to effectively investigate and
enforce the Land Use and RenHousi��Stan d a + e cos or the program would be$10,500
in one-time and $73,600 in on + in dun n„„,P d inspe on fees, surcharges and fines will
ultimately cover a portion and possibly all of these costs. Staff will provide an update on the actual
costs of the program within one year of the effective date.
The cost to implement and maintain a rental registration program would vary depending on the type
of program. Four options are provided for Council consideration. The cost for the most expensive
of those options is $30,000 annually, plus an additional $91,000 in one-time costs during the first
year. This would cover all system costs, software licensing fees, staff and administrative expenses.
The program is designed to be self-supporting; thus,these costs will be covered in their entirety by
registration fees.
In summary, the financial impact of both programs is:
Housing and Occupancy Compliance Program $ 10,500 one time
a " �,,ff °514 1 3 GQ0 ongoing
'�� 49i +f�f
I soil ((f��+.
Rental Registration Program ( imum ost) ${ 91,00 ,pne time
"'IiWa �„N unn„,,,,,,a ..,�$ 30,0O ��ongoing
November 15, 2005 -2- Item No. 33
EXECUTIVE SUMMARY
A. Second Reading of Ordilgape��Not 1�3, 2 5,,, 'ng Vpious Amendments to the Fort
Collins Land Use Cod el,
Collins Rest e al (A nGy Limits.
B. Second Reading of Ord tlawe N GF3ad, „4 ZOOS Amend( .,Chapter 5, Article VI of the City
Code Relating to Rental Housing. (Options A and B)
C. Second Reading of Ordinance No. 125, 2005, Amending the City Code Relating to Court
Referees.
D. Second Reading of Ordinance No. 126, 2005,Amending the City Code Relating to General
Penalties.
E. Second Reading of Ordinance No. 127,2005,Amending Chapter 20,Article VIII of the City
Code Relating to Abatement of Public Nuisances.
Should Council wish to utilize the Utilities records in lieu of a rental registration program, the
following ordinance is included for consideration:
F. First Reading of Ordinae No 11 200 A erling E �pter 26 of the City Code Requiring
the Provision of Accu e Own4"ship Info ation in onnection With the Provision of
Utility Services.
l�,,.,., '"
This Council meeting will focus on revisions to the City's current regulations prohibiting more than
three unrelated persons from inhabiting a single dwelling unit. Staff is also recommending revisions
to the Land Use Code related to boarding houses and is presenting an option that would establish a
rental registration program for the purpose of identifying rental units within the city limits of Fort
Collins. Refinements have been made to various provisions since First Reading was held on October
18, 2005, including additional choices related to the rental registration program. These items are
described in further detail throughout this Agenda Item Summary.
BACKGROUND
On October 18, 2005 City Cou t1111S rov 'ditj its b ih ff%Pfdinances related to occupancy,
boarding houses,rental registr' on and umb o e d plr �sions. Council also directed staff
to provide additional options a or rev 'ons t e ral of th rdinances.
��„
ORDINANCE NO. 123, 2005, AMENDING THE LAND USE CODE (Item A)
1. Definitions and Occupancy Limit
The most significant changes that would be made by adoption of this Ordinance are the changes to
the City's occupancy regulation. The Ordinance keeps the occupancy limit separate from the
definition of family and make it easier to understand. It also includes a new definition of family and
November 15, 2005 -3- Item No. 33
a separate occupancy limit not based on relatedness. Additionally,the definition of"adult"has been
revised in order to allow for adult dependents (18 years of age or older) who are living with their
parents. "Occupancy limit"has been refined so that the maximum occupancy per dwelling unit will
ill
a. one family as d tied in �ctiol and not ore than one additional person; or
b. two adults and the"rr-&�eints, if a and no ore than one additional person.
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The occupancy limit would apply to all dwelling units: single family, duplex and multi-family.
2. Boarding House Provisions - Revisions to the Land Use Code
The other significant changes that would be made by this Ordinance have to do with boarding
houses. Boarding houses are permitted in numerous zone districts. This Ordinance contains
requirements that would have to be satisfied before a boarding house could be approved in any of
those zone districts: minimum square footage, parking, and for boarding houses in the LMN zone
district only, a density requirement.
In addition to meeting the City's existing Rental Housing Standards, the minimum square footage
required would be 350 square feet of habitable floors ace per boarder plus an additional 400 square
feet of habitable floor space fo � n ocu it f 1 "N ���� if
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Following Council in put
az) } reyui „«e, � 'h ,.e been c� nged since First Reading. Each
boarding house would now be required to have .75 (3/4) parking space per boarder, rounded up to
the nearest whole parking space,plus one parking space per occupant family that might be occupying
the house. Staff recommends adding a clause to the effect that one such parking space may be
nonconforming, if approved by the Director, unless the lot abuts an alley or has at least 65 feet of
street frontage length. This would allow for a four-boarder home to provide the requisite three
spaces,but with those spaces accessible by a two-vehicle wide driveway rather than a three-vehicle
wide driveway. The reason for this is that most of the lots in the LMN zone and many lots in other
zones are not wide enough to provide a wide enough driveway for three vehicles. Without this
exception, very few boarding houses would ever be allowed in the LMN zone in particular.
As originally drafted, this Ordinance added a provision requiring a 300-foot separation between
boarding houses in the LMN zone district. This has been modified to instead state that boarding
houses in the LMN zone can make up no more than a certain percentage of the parcels on a block
face. Staff is seeking Council d5isio aso what la elan rq rictitn is desired; specifically should
it be no more than 10%, 25% ( 33%'o parce4 o a c> ci h Attachment 1 illustrates these
densities. This restriction will 4ltimatel�ovid I'er flexibty in locating boarding houses and,
along with the other requiremenfils prdse esfi'e c acter of= is single-family zone. No density
requirement would be imposed on boarding houses in other zone districts.
The occupancy limit would not apply to boarding houses. Rather, the combined requirements of
minimum square footage per occupant,and off-street parking spaces and density requirements would
work collectively to limit the maximum number of occupants in a unit.
November 15, 2005 -4- Item No. 33
In the zones that allow boarding houses, applications for boarding houses are reviewed through a
formal public hearing process under the Land Use Code. Following Council direction, staff
considered several options for a simpler approval process than is used currently. The new
recommendations are as foll do 1, "' 1p'"
• For application for 5 or IF ers, or 4 arders in the LMN zone, a Basic
Development Re�'1'ew"woul'd b re4q fired. Thi` is also sometimes termed use-by-
right.
• For applications for 6 or more boarders, or more than 4 boarders in the LMN zone,
a Type 1 (Administrative)review would be required. This requires a public hearing.
• Following issuance of a certificate of occupancy, neighboring properties could be
notified of the certificate of occupancy and any conditions included with it, e.g. the
maximum number of boarders allowed.
Existing boarding houses would be "grandfathered" if the owner can present a valid certificate of
occupancy. Otherwise, the owner would need to obtain a new certificate of occupancy under the
current requirements.
The occupancy section would,� mt ect u� �2(� 7; + e remaining sections would be
effective ten days after Second,f eading ',' 01
��� n I4n�„ordi��E� �I'I
ORDINANCE NO. 124 2005 AMENDING THE(RENTAL HOUSING STANDARDS (Item B)
This Ordinance makes basic changes to the Rental Housing Standards to update the minimum
standards, eliminate the owner occupied "loophole" and change the penalty for an occupancy
violation to a civil offense. On October 18, 2005 Council was presented with two options of this
Ordinance: Option A, which did not include a rental registration program, and Option B, which
added a rental registration program. Option B was adopted on First Reading.
Amendments to Rental Housing Code
1. Rental Standards
These revisions to the Rental Housing Standards address commonly identified housing concerns that
affect renters' health and well-I ein&dT, y iq lud�Ipr ,vis ns t t specify that a lack of general
maintenance of a structure, ra r verth:; infest o fi o) zmination, or lack of ventilation
or illumination are consideredInuisanc
Additionally, provisions are included that correspond with the City's most recently adopted
International Codes and Dangerous Building Code, and the 2003 International Property
Maintenance Code. This assists enforcement staff in ensuring that minimal standards are maintained
in the rental community.
Pursuant to direction at the August 2005 work session, staff will be presenting additional proposed
amendments to the Rental Housing Standards in the first quarter of 2006.
November 15, 2005 -5- Item No. 33
2. Certificate of Occupancy
The Ordinance further provide Ethat;,4n !a o m tficpte of occupancy for a boarding
house,the Building Official co d tmpds terms o�tio� t cluding compliance with all state
and local laws and regulations�a minis' trve In dete wing whether to revoke or suspend
a previously issued certificate o�oecntp, n ih8 official could�nsider any history or pattern of the
applicant and/or of the applicant's property managers or tenants.
3. Occupancy Statement (formerly termed Truth in Advertising)
This new clause would require that any boarding house certificate specifying the number of
occupants allowed be posted on the back of the front door of the dwelling. Originally, this clause
also stated that any advertisement, sign or other communication regarding the rental of a dwelling
would have to state the maximum permissible occupancy of the unit. Staff recommends revising this
requirement. The revised provisions would require that,when a rental property is rented or sold, a
form stating the maximum permissible occupancy of the unit would have to be signed by the owner
and presented to the tenant or purchaser. Additionally,an option is being presented(Option A-1 and
B-1) that would require all signs or advertisements regarding the rental property to include the
wording "occupancy limited b law."
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4. Violation and 1 alties
With these changes,a violation of the occupancy limits would become a civil infraction. The burden
of proof in a civil case is by a preponderance of the evidence rather than beyond a reasonable doubt,
and adverse parties (those charged with a violation) can be called as witnesses in civil cases.
Penalties could include a fine of not more than $1,000 for each violation; a court order to comply
with any conditions reasonably calculated to ensure compliance with the Code or with the terms and
conditions of any permit or certificate granted by the City; an injunction or abatement order; and/or
revocation or suspension of any certificate issued by the City with respect to the dwelling. It should
be noted that the Ordinance has been amended to remove the mandatory minimum fine of$500.
5. Rental Registration—Annual Requirement
On October 18,2005 Council voted to adopt Option B of this Ordinance on First Reading. This adds
a rental registration program to t p,=Re tal ous �g �de m dmepts for the purpose of identifying
single-family and duplex ren units, catii p tie Put the various Codes related to
neighborhood quality of life,n ances rent r erty stands;providing information that will
support data-driven policy m ng Hnd 9ttereasm +the effic y of Nuisance Code enforcement
through better information sharing.
Tenant information would not be kept on file by the City;however,it would have to be provided to
the City by the owner upon request by the City. The database itself, like most records kept by the
City, would be considered a public record and made available for public inspection upon request.
A listing of the addresses of those properties that have been registered can be made available online.
The remaining information in the database (owner name and contact information, etc.) would be
November 15, 2005 -6- Item No. 33
available by request and would involve payment of a small administrative fee,similar to requests for
criminal background checks or copies of police reports.
There are approximately 21,000 ntali�ni rvW it n t F Q 'lin pity limits,of which an estimated
5,000 are single-family and 1, are ttv, famil ll �s would fall under the registration
requirement. Additionally,theoronaRort( 0 estimates n additional new households
will form as a result of better enfbrcemen�t,of Occu`O'ancy lim' This number does not take into
account the new boarding house provisions, and it is likely some of these new households would
form in multi-family or owner-occupied units. Staff estimates, however, that as many as half of
these households could locate in single-family or duplex rental units. Thus,an estimated 7,100 units
will be required to be registered.
Elements of the proposed registration program would include the following:
• Online registration and payment; mail-in forms also available
• If the property owner is a corporation or business, a contact name would have to be
provided
• Information required:
1. Owner name, address and phone
2. Property address and t e of unit
3. Agent Ijpcotifkc ;6ersa , a hide ,t including address and contact
inform on !,{ 3 i1 ,
• Term: annual r wale or 1lyrthj 0 ays uponl hange of ownership. Information
would have to be kept current.
• Fee: $25 per dwelling unit for initial registration. $10 per dwelling unit annually
thereafter. No charge for updates to information unless the property changes owner.
• Penalty for non-compliance: civil infraction, punishable by a maximum fine of
$1000 per violation.
Properties owned by the Fort Collins Housing Authority, those inspected annually for HUD
compliance, and other uses such as nursing homes and group homes would be exempt from the
registration requirement.
Administrative options available for implementing an annual registration program, include:
a. Utilizing a fully automated registration system. One-time costs for the program are
estimated to be$9 j,y004ifor ys 1•i s;• ebb ititerface and other administrative
costs. The on ng cot iit the oo $30,000. This fully automated
program would mtegr d wit #ing cyst s and would increase efficiency by
it
allowing staff to 'bc�ss'on�G�systemt, respond t questions/requests related to rental
activities, nuisance, contractor licensing and building code violations, as well as
development review and building permitting activities. Additionally, it would
optimize technical staff efforts by allowing them to maintain a single application and
eliminate the duplication of support efforts by multiple technical staff groups. It
offers robust reporting tools and allows users to do much of their own geographic and
data analysis without the need for technical staff intervention. It also automates
renewal processing, reducing the need for ongoing administrative staff.
November 15, 2005 -7- Item No. 33
The cost of this registration system has been revised downward since it was first
proposed. The City has been successful in negotiating a lower price for initial
software licenses, and the lower ongoing costs noted in the Financial Impact section
of this documen refleq�re Sea ss p4FnN bouPhe number of owners who will
voluntarily co y an ;re
r f t�lpse ¢'will independently register their
units using the Alines `` ices, e11 as th ddition of the units noted in the
Corona Report. Thee's f�Yrin tral iegistratio and annual renewal would now be
$25 and$10 respectively.
b. Utilizing a simple internal database developed by City staff. One-time costs for the
program are estimated to be $32,000 for system programming, set up and other
administrative costs. The ongoing cost of the program would be $29,000. This
simple database could collect the necessary data, but would have limited
functionality,minimal(if any)integration with other systems,and require employees
to learn and access multiple systems to answer inquiries and collect data. It also
creates a higher demand for technical support due to incompatibility and other
support issues,the need to coordinate the efforts of disparate technical groups and the
reliance on them for most reports and data analysis. The fees for this registration
would be $10 per year, per dwelling unit.
No changes to Option B, as opte j htrsflac e m 1a:, e needed with regard to these
s I
implementation options. How er if O� on Bptd on S�ond Reading,Council direction as
to one of these implementation�tion�c&) be ,ded in th motion to adopt Option B. Absent
........
any Council direction on this point, the City Manager would decide upon the appropriate
implementation option.
6. Rental Registration—One-time Requirement
As a result of Council input, Option B-2 provides an alternative rental registration program for
consideration. Under this option, single-family and duplex dwelling units would be required to be
registered one time or within 30 days of change of ownership. There would be no cost to the
property owner for this option. It is anticipated that there would be minimal `hard costs' that could
be absorbed by the City, provided that the system can be developed by existing technical staff.
However,the time spent configuring and supporting this application could reduce resources available
for other City systems/applications potentially causing service delays throughout the organization.
All other elements of the registration program would be the same as described previously.
j3a3 i334 TE¢w -V,:i TI {fIr•;...
USING UTILITIES DATAS AN; +A RENTAL REGISTRATION
PROGRAM
In response to Council feedback on October 18, 2005, staff members have investigated means to
keep information the City receives about the ownership of rental properties confidential,and to make
the rental registration program more affordable. Staff believes that an effective way to accomplish
these two objectives is to use the Utilities'database in lieu of a separate rental registration program.
The City would require owner information from all utility customers, including those who own
residential rental properties.
November 15, 2005 -8- Item No. 33
That information can then be used for both Utilities'purposes(since the property owner is ultimately
responsible for the payment of utility bills) and for Code enforcement purposes.
As to confidentiality,the Open orcfZir's
re it the th am addresses,telephone numbers
and financial information of u ity cust b tfi } 1, although such information can
be disclosed to police agen s condng al inves„rations. Because the occupancy
regulation and several nuisance'Itird fi'a =Im y be'decriminEzed, we would add a local Code
provision expanding the exception for criminal investigations so that the exception would also apply
to investigations of civil infractions by Code enforcement officers.
The Open Records Act also permits information provided by utility customers to be made public in
aggregate form, so the City could make public general information about the number of rental
properties in the city and their locations.
This option would require owner contact information be provided as a condition of providing utility
services to rental properties. Enhancing communication between the Utilities and property owners
when tenants apply for utility service would benefit both property owners and the Utilities, since
unpaid utility bills can become a lien against the properties to which the utilities are delivered.
Another advantage of this option is its cost,which would be much less than that of a separate rental
registration program.
The Code has in the past been ficnt astq he rnf i®litIGeneral Manager of Utilities may
require in connection with utilccgim O nance all ,Ws the General Manager to use his
or her discretion in determining when more extensive information is needed to confirm the status
of an account or the identity or status of a customer. Failure to provide the required information or
providing false information regarding property ownership in accordance with the new Code
provisions would constitute a violation of the Code, thus could be prosecuted as a misdemeanor
criminal offense.
IMPLEMENTATION AND ENFORCEMENT
The occupancy provisions and the rental registration requirement or enhanced Utilities information
program,if approved by the Council,will go into effect January 1,2007. Prior to that,staff members
will conduct a comprehensive outreach and education campaign using a variety of methods to reach
property owners,property managers,tenants and others with an interest in these issues. Extra efforts
will also be made to inform landlords about the potential for obtaining a certificate of occupancy for
a boarding house and how to go pbou thl,,�I,prq i
s T ISIV, uldj,##nclude a direct mailing to those
properties where the Assessor' ecord 1' an o ' e t tid tlifferent from the property,utility
bill inserts, ads in local print dia and eetin 'variou takeholder groups. The County is
also open to using 20C propert "tax,bills to„n y, ners of• • e new requirement.
The rental registration ordinance allows those who have not registered to comply within seven days
of being notified without being fined. It is assumed that most who do not apply will be brought to
City attention through complaints. City staff will then follow-up on these complaints using means
available,and when unsuccessful in locating the owner,will visit the property to talk with residents.
If, after notice, owners fail to register their properties they would then be cited for violation of the
registration requirement.
.._ . .__... . .
November 15, 2005 -9- Item No. 33
Prior to implementation of the ordinances under discussion,enforcement of the existing occupancy
code will remain "status quo." The exception to this would be the new "occupancy disclosure"
requirement(as discussed previously)and the revised boardinghouse provisions. These will go into
effect ten days after Second Reg,;;
Once the new laws and relate' esourci are i 1 e enforc ent of the new provisions would
follow that of other codes. If an a leged viol�tzti is t3 ought to t attention of the Housing Inspector
an investigation will be conducted to determine if there are sufficient grounds for a summons. If a
summons is served,the violator(s)would be required to appear before the referee for a hearing. At
the hearing, evidence would be presented on both sides. It should be noted that in the case of
occupancy violations,neighbors may have to be called as witnesses. The referee would then decide
if a violation exists and,if so,would assess a fine up to$1000. (The previously proposed minimum
fine of$500 has been deleted from the ordinances.) He or she could also enter orders to prevent
future violations. The decision of the referee could be appealed to Municipal Court. If the fine was
not paid, the potential exists to put a lien on property or use a collection agency. As with all
prosecutions, it is possible that a plea agreement could be reached before the matter proceeded to
hearing.
OTHER PROPOSED ORDINANCES
Three remaining ordinances neec to fug i p��a th�fchanges to the two ordinances
described above. The effect o�{ach orance�d uu ed b ' w:
Ordinance No. 125, 2005 - amendments to court referee section of the Code providing a civil
infraction process (Item Q.
Ordinance No. 126,2005-amendments to the general penalty section of the Code setting the penalty
parameters for civil violations (Item D).
Ordinance No. 127,2005 -amendments to the public nuisance ordinance allowing for violations of
civil infractions to be included in the public nuisance process and housekeeping changes to clarify
the public nuisance process (Item E).
CONCLUSION
In addition to the Second Reading of Ordinances No. 123,No. 125, No. 126 and No. 127, Council
faces several choices related to t�wRefo#Readin „of,,,r• ' ance,No. 124 as it relates to a rental
registration program. ival,-
� J" „rn.� v1. If Council wishes to ad pt,the'a gis lion pro
Adopt Ordinance No. 124, 2005, Option B, as adopted on First Reading.
• Include Option B-1, occupancy statement, if desired.
November 15, 2005 -10- Item No. 33
2. If Council wishes to adopt a one-time registration requirement:
Adopt Ordinance No. 124, 2005, Option B-2.
• I lttde„pp 1; statIpment, if desired.
3. If Council wishes to utl �ze the Lhties at ase in lie of a rental registration program:
(a) Adopt Ordinance No. 124, 2005, Option A (without rental registration).
• Include Option A-1, occupancy statement, if desired.
(b) Adopt on First Reading Ordinance No. 155, 2005, Amending Chapter 26 of
the City Code Requiring the Provision of Accurate Ownership Information
in Connection With the Provision of Utility Services; and
4. If Council does not wish to implement a rental registration program or utilize the Utilities
database for Code enforcement purposes:
Adopt only Ordinance No. 124, 2005, Option A
• Include Option A-1, occupancy statement, if desired.
ATTACHMENTS
1. Illustrations of spacing requirements for boarding houses in the LMN zone district.
fill
IIIAtw, + fix,:::ed0
ORDINANCE NO . 155 , 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS
TO REQUIRE THE PROVISION OF ACCURATE OWNERSHIP
INFORMATION IN CONNECTION WITH
THE PROVISION OF UTILITY SERVICES
WHEREAS , pursuant to Chapter 26 of the City Code, Fort Collins Utilities provides water,
wastewater, electric and stormwater utility services to members of the general public in and around
Fort Collins ; and
WHEREAS , pursuant to City Code Section 26-712(c), all utility services are presumed to
be furnished and supplied to the real property served, without regard to the actual user or person
billed for the services, and all utility fees and charges are chargeable against and payable by the
owner of such real property; and
WHEREAS , pursuant to City Code Section 26-718 , all utility charges that are not paid when
due constitute a perpetual lien on the property to which the utility services were delivered, regardless
of whether the owner of said property requested that utility services be provided; and
WHEREAS , in order to provide for improved communications between the City and owners
of real property to which utility services are provided and upon which utility charges are imposed,
and to improve the success of collections of amounts due for utility services, Utilities staff has
recommended that additional information be collected regarding utility accounts and services
requested; and
WHEREAS , in particular, staff has recommended that the consent of the owner of real
property to be served be obtained at the time utility services are initiated and that property owner
information be updated as changes occur; and
WHEREAS , in the past the accuracy of ownership information provided at the time of
initiation of service has been unreliable and few means of deterring the use of false information in
connection with utility accounts and service requests have been available; and
WHEREAS , in order to improve the accuracy of utility account information, staff has
proposed the addition of Code language prohibiting the procurement of utility services based upon
false or fraudulent information; and
WHEREAS , in addition to the foregoing, the improved reliability and availability of
ownership information through utility records will be of benefit to the City due to its usefulness for
Code enforcement purposes generally, and will eliminate the need to create a second, duplicative
system for Code enforcement purposes ; and
WHEREAS , in light of the scope of confidentiality afforded utility customer records
pursuant to the Colorado Open Records Act, the use of those records for Code enforcement, whether
criminal or civil, is appropriate and consistent with the intended protection of that information from
public access ; and
WHEREAS, in light of the foregoing, the City Council has determined that the amendment
of Chapter 26 of the City Code is necessary and will be beneficial for the ratepayers of the City's
utilities and for the efficient administration of the City's utilities and Code enforcement functions .
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows :
Section 1 . That Article II of Chapter 26 of the Code of the City of Fort Collins is hereby
amended to add a new Section 26-24, as follows :
Sec . 26-24. Property owner's consent for utility service.
Utility service provided to real property pursuant to the terms of this Chapter
shall be deemed to be provided at the request and with the consent of the owner of
said real property, unless and until the General Manager receives written notice of
said owner's withdrawal of such consent.
Section 2 . That Article II of Chapter 26 of the Code of the City of Fort Collins is hereby
amended to add a new Section 26-25 , as follows :
Sec. 26-25. Required information for utility service.
(a) Each utility service customer or applicant for utility service to be provided
pursuant to this Chapter shall provide to the General Manager accurate and complete
information regarding the ownership of the real property to which utility service is
to be provided and shall state whether or not the dwelling units situated on such
property are owner-occupied. The information required by the General Manager
may include, but need not be limited to, the street address of each such dwelling unit,
together with the name, mailing address and telephone number of all owners and
property managers, if any, of each dwelling unit. If none of the owners or property
managers of a dwelling is a natural person, then the applicant shall also provide the
name, address and contact information for a natural person who is duly authorized
to act as agent for the owner with regard to the management of such unit.
(b) If there is any change in the information provided to the General Manager
under this Section, the utility account customer shall so notify the General Manager
within thirty (30) days of such change.
(c) The General Manager may require completion of an affidavit or certification
by the owner of such real property authorizing utility service to the same, and
verifying the information provided to the General Manager pursuant to the
requirements of this Section. The General Manager may also, in his or her
discretion, require any person requesting the initiation, modification, or termination
of utility service provided pursuant to this Chapter, or providing information
pursuant to this Section, to produce a government-issued photo identification
verifying such person's identity.
(d) In connection with the administration, management and documentation of any
utility customer account, billing, collection or utility service-related matter pursuant
to this Chapter, the General Manager may require such additional information
regarding the holder of said account or the real property to which utility service has
been or will be provided or the improvements situated thereon as he or she
determines to be reasonably necessary, including but not limited to the date of birth
or social security or driver's license information of said account holder or applicant
for service.
Section 3 . That Article II of Chapter 26 of the Code of the City of Fort Collins is hereby
amended to add a new Section 26-26, as follows :
Sec. 26-26. Confidentiality of utility customer information.
Pursuant to the procedures, conditions and requirements of the Colorado Open
Records Act, Section 24-72- 101 , et seq. , Colorado Revised Statutes and this Section:
( 1 ) The General Manager may make said information available for inspection
by any peace officer or any city employee or officer responsible for the
enforcement of the Code, upon the provision of satisfactory evidence that
the inspection is reasonably related to the authority and duties of such peace
officer or Code enforcement personnel;
(2) Such utility account information may be disclosed to the owner or owners
of any real property to which such utility account applies ;
(3 ) Such utility account information may be disclosed to the public in an
aggregated or statistical form so classified as to prevent the identification,
location or habits of individual customers ; and
(4) Such utility account information may be disclosed within the city
organization or to city contractors, so long as the release of the information
is conditioned upon reasonable precautions and requirements to prevent
disclosure of said information to the public .
Section 4. That Article II of Chapter 26 of the Code of the City of Fort Collins is hereby
amended to add a new Section 26-27, as follows :
Sec . 26-27 . Use of false information in connection with utility services .
It shall be unlawful for any person to knowingly provide any untrue, deceptive
or misleading information to the General Manager or Financial Officer, or to
otherwise misrepresent such person's idcnfityname, address, telephone number or
status, or the identit name, crraddress, or telephone number of the owner of real
property to which utility service has been provided or requested to be provided, in
connection with the initiation, modification, or termination of utility service provided
pursuant to this Chapter, or related to the payment or collection of any amounts due
in connection with any such utility service . Violation of this Section shall be
punishable as provided in § 1 - 15 , and may constitute grounds for disconnection of
utility services.
Section 5 . That Section 2 of this Ordinance shall be effective as of January 1 , 2007, and all
other provisions of this Ordinance will go into effect ten ( 10) days after second reading of this
Ordinance .
Introduced and considered favorably on first reading and ordered published this 15th day of
November, A.D . 2005 , and to be presented for final passage on the 20th day of December, A.D .
2005 .
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading this 20th day of December, A.D. 2005 .
Mayor
ATTEST :
City Clerk